Phoenix National Bank v. Saucier
Mississippi Supreme Court
Appeal from the circuit court of Lamar county. Hon. A. E. Weathersby, Judge. Suit by Phoenix National Bank against J. J. Saucier and others. Prom a judgment for defendants, plaintiff appeals. The appellant was plaintiff in the court below, and apepllees were defendants. This suit was begun by' a declaration filed in the circuit court on a note, which is copied in the opinion. The defendants pleaded failure of consideration, in that the property sold was not as represented.
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Appeal from the circuit court of Lamar county. Hon. A. E. Weathersby, Judge. Suit by Phoenix National Bank against J. J. Saucier and others. Prom a judgment for defendants, plaintiff appeals. The appellant was plaintiff in the court below, and apepllees were defendants. This suit was begun by' a declaration filed in the circuit court on a note, which is copied in the opinion. The defendants pleaded failure of consideration, in that the property sold was not as represented. Plaintiff’s contention is that it is an innocent purchaser for value without notice of a note payable to hearer, and that…
1Opinion of the CourtCook, J.
The note sued on is as follows, viz.:
“.$1000.00
“200.00 Purvis, Mississippi, Feh. 28, 1901.
“$800.00 On October 1, 1908, after date, for value received, we promise to pay to the order of J. C. Crouch & Son, or hearer, one thousand dollars, at the Lamar *298County Bank, of Purvis, Mississippi, with interest at the rate of six per cent per annum from date until paid. Interest payable annually. If suit is brought on this note, we promise and agree to pay a reasonable attorney’s fee. The drawers and indorsers severally- waive presentment for payment, protest, notice of protest, and nonpayment of this…
2Cited by2 opinions
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